Personal injury claims pursued under UK law are, in the vast majority of cases, brought against individuals or companies following negligent actions which caused injury. However, the recent flood of compensation made in light of the DePuy hip implant recall scandal work differently because they have been made under the Consumer Protection Act 1987.
The 1987 legislation was designed to protect consumers from defective products which are defined as those which do not meet the safety standards which one could reasonably expect. It is not necessary to prove that the manufacturer in question was negligent, simply to demonstrate that the product was defective.
In order to make a successful UK hip replacement recall claim against DePuy it must be proved that the claimant’s injury, harm or financial loss was directly caused by the defective product. The need to establish a causal link means that if you required a follow-up surgery due to an unrelated infection or surgical error during the initial procedure you would not be eligible to claim compensation (although a clinical negligence claim may be justified).
Your solicitor will first need to ensure that you qualify to make a compensation claim. This requires a thorough analysis of medical records to check whether or not the ASR hip implant was to blame.
Claiming compensation under the Act 1987 follows a similar process to personal injury claims however due to the volume of claims brought against DePuy recently, the claims process could take a long time.
UK DePuy hip recall claims – the need for swift action
It is crucial that those who believe that they may be able to make a claim contact a solicitor now because strict time limits apply. The Act 1987 dictates that claimants must claim within 3 years of the date when they first became aware that an injury had been sustained. However, no claims can be made after 10 years of the product being made available to consumers. Given that both the original of both the ASR Articular Surface and the ASR XL Acetabular Hip Replacement Systems were made available in 2003 that means that all claims In relation to the original versions of those systems must be made by the end of 2013. However, many people fitted with the DePuy replacement hip implant received subsequent versions and for them, the time limit for making a claim does not run out in 2013 – but in a later year. So regardless of when your replacement hip was fitted, do get in touch with our solicitors – because even if you think you may have lost the opportunity to claim – you might still be entitled to make that compensation claim.
(The claims process only needs to be started and not completed within this time.) So, it is imperative that you act now and instruct an expert solicitor to begin the claims process.
UK DePuy Hip Recall claims – call our experts today
Time is running out to make your Johnson and Johnson hip recall claim, so for FREE initial phone advice and a FREE first meeting, get in touch with our specialist medical negligence solicitors who are already acting for victims, like you, of the hip recall scandal.
Either dial 01722 422300, or
Email our team using the contact form below:
Comments or questions are welcome.